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    • Hamster Bedding. Ignore.
    • Hi, below is a draft of the letter Address: Hugo Martin Director of Legal and Company Secretary EVRi Parcelnet Ltd trading as Evri CAPITOL HOUSE, 1, CAPITOL CLOSE LEEDS LS27 0WH REQUEST OF CONTRACTS      Dear Sir/Madam, I am writing in regards to the ongoing small claims case ____. In your Defendant’s response you make reference to a pre-existing commercial agreement between yourselves and Packlink (2.7). In that, you claim to have a clause removing customers third party rights under the Contract (Rights of Third Parties) Act 1999. I would like to request a copy of this contract and confirmation of the date on which the exclusion of third party rights term was included in it. If you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. I also notice that you have destroyed tracking information due to "lapse of time" in line with your data protection policy (2.12). Can you share where this data protection policy is disclosed to customers? I also ask you to forward you a copy of that data protectiono policy, and again if you refuse to provide this then I will be henceforth referring to that refusal in the claim, including to the Judge. Kind regards,
    • Firstly, thank you for filling in the sticky so quickly - we wish everyone who comes here would do that! You're in the clear.  MET don't know who the driver was.  They can use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the keeper if their bilge arrives within 14 days - they didn't send it out till 102 days after!!! So sit on your hands.  MET will come out with threat after threat but ultimately will do nothing. Have a read of other threads for this car park - we are having a tsunami of cases at the moment. Be sure to come back here though if they ever send you a Letter of Claim.  
    • Just received this letter from Lowell.  IMG_1032.pdf
    • I don't think you are misunderstanding. It seems something may have gone missing. HB
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Purple v Halifax


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Hi all, Just a quick post to let you know how its going Friday the 8th September ordered the last 6 years of statement, which to my surprise:o arrived yesterday 14th September. So today been through them and found £325.00 of charges, filled in my spread sheet and sorting out the 14 day letter. Does anyone know if I add the 8% interest to the total I am asking for?

 

Thanks Purple X

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Hi Purple.

 

Don't add the 8% interest until you are at the Moneyclaim stage. Check out the Step by Step instructions in the FAQs section (or the Notes on the advanced interest calculator spreadsheet) if you aren't sure.

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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Well done on the statements by the way!! (took me 2 months to get them!)

Morris v Halifax

Data Protection Act letter sent 20/6

Charge deducted from account 27/6

6 yrs statements received 25/8

Prelim sent 30/8 (£1014 charges + £156.11 interest).

Std reply & complaints leaflet received 5/9

Offer received £70 9/9

LBA sent 12/9

No reply to LBA - MCOL requested 26/9

Offer received 26/9 - £218.

MCOL issued 26/9, acknowledged 29/9

Offer 29/9 - full amount ex. o/draft interest

Accepted as partial

Credited to account 12/10

AQ sent for rest

Morris1 v Barclaycard

Prelim letter sent 31/8 (£60 charges + interest).

Standard reply 9/9

Offer 12/9 - full amount!! :smile:

Morris 2 v Barclaycard (Mrsbass!):

Data Protection Act letter sent 7/9

Standard reply received 19/9 inc statements 5/04 to date and microfiche bilge.

Prelim 20/9 £100+interest actual, +same estimated.

LBA 3/10

Partial offer £48 6/10

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Quick up date.

Hand delivered prelim letter Fri 15th Sep, the casher girl refused to give me a receipt and fetched the manager.:eek: Who after reading letter said "a standard response would be sent out." Before leaving the bank I let the manager know that if I had not received a letter by Mon 18th Sep then I would resend the prelim letter via recorded post.

Sat 16th Sep standard response received

(sorry your unhappy and your letter has been forwarded to our complaints department).

So the 14 days are ticking.:p

That's me all up to date will keep you informed

Purple

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Well done prepare for the Lba.......

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Good Morning all,:)

Received letter today making me an offer, not the full amount. I've only sent the prelim letter so a bit unsure what to do next. My LBA dose not go out for another 7 days.

1. Do I ignore the letter and just send the LBA in 7 days time? Or

2. Do I accept as part settlement via letter and then still send the LBA in 7 days.

If I accept as part settlement is the letter below ok to send. It's from the templates, but I've had to edit it a little.

Response to settlement offer.

 

Dear [named sender or Sirs]

Thank you for your letter dated xx/xx/xx

I respectfully decline your offer of settlement and request, once again, that you return to me all charges imposed on this account, totalling £xxxx

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter sent previously indicates that you have until xx/xx/xx to respond. You are reminded that there will be no extension to this timescale.

 

I trust this clarifies my position.

 

 

Yours faithfully

[signature]

[print name]

Any help please.

Thanks Purple:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Send the letter and carry on with the claim.:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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After doing more reading on (compounded contractual Interest) and what people are doing now thinking of sending this letter.

Anyone got any advice??

 

 

Response to settlement offer.

 

Dear XXXXXXXX

 

Thank you for your letter dated XX/XX/XX

I respectfully decline your offer of settlement and request, once again that you return to me all charges imposed on this account, totalling £XXX.XX and further, I also claim compounded contractual interest at a rate of XXX% AER. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter sent previously indicates that you have until XX/XX/XX to respond.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Thank you Purple:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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No reason why not,but you must make it clear from the beginning that you are claiming this.

 

Lots of reading about this on the site...as well as contractual interest.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Does that mean i should send out another prelim letter?

 

Thanks Purple:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Yes it does really.........best to play safe......you are fortunate that you only just started.

 

It will be well worth it tho :D

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Can any one advise on the suitability of this letter being sent as a revised prelim letter now i've discovered compounded contractual interest. my first letter was sent 15/09/06. Obviously, i will enclose a revised statement of charges and i am giving them an extra 14 days before i send an LBA.

Response to settlement offer.

 

Dear XXXXXXX

 

Thank you for your letter dated xx/xx/xx I respectfully decline your offer of settlement and request, once again that you return to me all charges imposed on this account, totalling £xxx.xx, and further, I also claim compounded contractual interest at a rate of 28.8% AER. I believe this rate to be justified under the principle of mutuality and reciprocity, and is based on your Unauthorised Overdraft interest rate that would be applied under the terms of the above mentioned account.

 

I will accept the sum offered only as part settlement and on the clear understanding that I will pursue recovery of the remainder, with a County Court claim if necessary.

 

My letter sent previously indicates that you have until xx/xx/xx to respond. However, due to the revision of my calculations, I will extend this timeframe for a further 14 days.

 

I trust this clarifies my position.

 

 

Yours faithfully

 

Thanks Purple:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Bump

---------------------------------------------------

Nationwide

Prelim sent 18/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Part payment £610.10 received 8/11/06

AQ filed 22/12/06

Cap One

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

Barclaycard

S.A.R sent 08/09/06

Reply 14/09/06 Microfiche excuse

Response sent 18/09/06

Lloyds TSB (oh)

prelim sent 19/09/06

Revised prelim sent 26/09/06

LBA sent 11/10/06

N1 filed 30/10/06 served 3/11/06

Cap One (oh)

S.A.R sent 08/09/06

Reply 20/09/06

Prelim sent 18/10/06

LBA sent 3/11/06

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Just to keep every one up to date 26/9/06 sent out a refusal of offer with a new prelim letter, stating that I am now claiming compound contractual interest.

It's worth a try;)

Received a letter back on 28/09/06 (As a gesture of good-will I offered to refund 6 months (blar blar blar) which you refused to accept. (blar blar blar) we are not prepared to refund all of the charges that you have incurred on your account over the last 6 years.)

Lets see what happens.:confused:

Purple :p

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Yes a smart move

Well done;)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Halifax seem to have gone very quiet since my last letter stating that I'm claiming compound contractual interest:confused: . Oh well just need to wait a few more days before I send the LBA, see if that gets things moving.

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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The way I look at it is. That I have nothing to lose by trying. The money they have taken in charges is already lost to me, so even if I just end up getting that back it would be great anything more is a bonus.

(They've done it to us for years) now the worm as turned:eek:

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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I'm really tempted to go contractual interest on my other Halifax account, too late to do it on the current claim as it's already at MCOL.

 

Can't wait to see what there response to you is!

 

Good Luck!

 

 

There are huge benefits.......but the most obvious one is the extra money which could double the claim.

N1 tho for this......which is well worth thinking about.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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Morning all, 14days up on Wednesday:D (woohoo) so today been getting my LBA sorted. It's printed along with schedule of charges in the envelope ready to go.

 

(It's great to be organised for once);)

 

Purple X :)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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Don't think your prying at all, thats what this site is all about sharing info and helping each other out.

On the Lloyds TSB account yes, because the charges were from 2001 to 2002 with the Halifax not so much so as the charges are more recent.

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

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LBA posted today. :D So lets see what this brings

Purple X:)

26/09 Prelim contractual Interest

11/10 LBA

30/10 Filed N1

03/11 Deemed served

23/11 Offer Made

Lloyds TSB

Purple v Lloyds TSB

08/09 ordered statements.

23/09 Statements Received.

26/09 Prelim

03/10 Received standard response

11/10 LBA

30/10 Filed N1

03/11 Deemed served

08/11 Acknowledgement

24/11 AQ Received

Link to post
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